Intellectual Property Rights, Plant Genetic Resources and International Law: Potential Conflicts and Options for Reconciliation
International Journal of Intellectual Property Management, Vol. 1, No. 4, pp. 277–292, 2007
16 Pages Posted: 20 Jan 2012
Date Written: January 1, 2007
This paper analyses the potentially conflictual provisions of the Agreement on the Trade-Related Aspects of Intellectual Property Rights (TRIPS) and the Convention on Biological Diversity (CBD) pertaining to plant genetic resources and intellectual property rights (IPRs). It concludes that potential conflict between TRIPS and the CBD may be reconciled by remaining true to the over-arching principle of global welfare-maximization in TRIPS and by utilizing patent exemptions in appropriate circumstances. In so doing, consonance may be achieved with the objectives of the CBD in order to ensure appropriate international recognition of IPRs and also conservation and sustainable use of biodiversity.
Keywords: Trade-Related Aspects of Intellectual Property Rights, TRIPS, Convention on Biological Diversity, CBD, plant genetic resources, intellectual property rights, international law, global welfare-maximisation, patent exemptions, biodiversity, biotechnology
JEL Classification: F42, K33, O34, Q32
Suggested Citation: Suggested Citation